LIPTON INDIA LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India, relates to quashment of complaint (Annexure P2) under Section 16 of the Prevention of Food Adulteration Act, 1954, pending in the Court of Chief Judicial Magistrate, Faridkot, and consequent proceedings taken thereunder.

(2.) THE Food Inspector visited the premises of M/s Sham Lal and Sons, Karyana Merchants, Bargari Road, Bathinda. After disclosing his identity he purchased three packets each weighing 250 grams of New Richbru tea. The commodity was manufactured by Lipton India Ltd., 9 Weston Street, Calcutta (for short 'the manufacturer'). Three samples were taken for analysis purposes. The sample packets were duly labelled and wrapped. Paper slip of the local Health Authority was pasted on the wrapper and the samples were secured with strong twine. The samples were duly sealed and the signatures of the vendors were obtained on the wrapper of each sample. One part of the sample was sent to the Public Analyst, Punjab, Chandigarh, and the remaining two samples were sent to the Local Health Authority, Faridkot, with seals intact. The report of the Public Analyst revealed that the contents of the sample contained one iron nail 2.7 cms. in length. The sample was also examined by the Director, Central Food Laboratory, Mysore, who vide report dated January 1, 1989, gave his opinion as under :-

(3.) A glance at the order passed by the Chief Judicial Magistrate, Faridkot (Annexure P/3A) would show that the complaint in the present case was filed on August 10, 1991. The sample was taken on June 7, 1988 by the Food Inspector meaning thereby that the complaint was filed after a lapse of 3 years 2 months and 3 days. Under Section 468, Cr.P.C., a bar to take cognizance after a lapse of the period of limitation has been prescribed. Section 468, Cr.P.C., is reproduced as under :-